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2022 Supreme(Raj) 2460

VINIT KUMAR MATHUR
Surendra – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Pradeep Kumar Shah, Advocate, S.K. Bhati, Advocate, Mahendra Vishnoi, Advocate

JUDGMENT

Vinit Kumar Mathur, J. - The present fourth bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.01/2019, Police Station Tibbi, District Hanumangarh for the offences under Sections 498-a, 406, 323 & 316 of IPC.

2. Heard learned counsel for the parties. Perused the material available on record.

3. Learned counsel for the petitioner submits that after the rejection of the third bail application of the petitioner on 19.08.2021, statement of complainant-Mst. 'R' has been recorded before the trial court as P.W.1. He submits that in the cross-examination of P.W.1, it has come on record that in the FIR, she has not mentioned about the injuries being inflicted by the petitioner on the stomach resulting into her abortion.

4. Learned counsel further submits that there are material contradictions in the statement of P.W.1 in the FIR vis-á-vis the statement recorded under Section 161 Cr.P.C. He also submits that even as per the medical report, the injuries caused were within the duration of 0-6 hours of the medical examination whereas, the complainant left the matrimonial home almost 72 hours prior to the medi

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